Criminal Misc. No. M- 50001 of 2017 (OM) 1
213 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M- 50001 of 2017 (OM)
Date of decision : February 23, 2018
Tayyub …..Petitioner
Versus
State of Haryana ….Respondent
Criminal Misc. No. M- 42336 of 2017 (OM)
Parvej …..Petitioner
Versus
State of Haryana ….Respondent
Criminal Misc. No. M- 47665 of 2017 (OM)
Arshad …..Petitioner
Versus
State of Haryana ….Respondent
Criminal Misc. No. M- 40436 of 2017 (OM)
Aamin …..Petitioner
Versus
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Munfaid Khan, Advocate
for the petitioners.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Mr. Saleem Ahmed, Advocate
for the complainant.
***
LISA GILL, J.
This order shall dispose of CRM-M- 50001, 42336, 47665 and
40436 of 2017.
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Criminal Misc. No. M- 50001 of 2017 (OM) 2
Petitioners in all the above said petitions seek the concession of
anticipatory bail in FIR No. 266 dated 06.07.2017 under Sections 306, 34
IPC registered at Police Station Tauru, District Nuh.
It is submitted that all the petitioners have been falsely
implicated in this case registered at the instance of the complainant – Jakir.
As per the allegations in the complaint, the complainant’s sister Mamuna
had two sons and a daughter – Najma. It is alleged that petitioner – Tayyub
Hussain kidnapped the complainant’s niece about two years ago. She was
recovered from Alwar, Rajasthan. Thereafter, petitioner – Tayyub Hussain
pressurised the complainant’s sister to hand over her daughter to him and on
her refusal threatened her with dire consequences. FIR No. 35/2017 was
falsely registered against the complainant’s nephew and others. Another
FIR under Section 376 IPC, it is stated, was also registered against another
nephew of the complainant. False applications were given by the petitioner
– Tayyub. Due to this reason, the complainant sister used to remain very
upset. The complainant’s sister alongwith her children came to the
complainant’s house on 30.06.2017. On 03.07.2017, petitioner – Tayyub
Hussain alongwith his brother-in-law Arshad (petitioner in CRM-M-47665-
2017) arrived at the complainant’s house and threatened his sister Mamuna,
asking her to hand over her daughter. Thereafter, on 04.07.2017, when his
sister (deceased) and her son Azad were present in Court of Sub Divisional
Magistrate, Nuh, they were threatened by the petitioner – Tayyub Hussain,
Aamin and Arshad. It is averred that due to the threats meted out by all the
accused persons, the complainant’s sister committed suicide after imbibing
some poisonous substance. FIR No. 266 dated 06.07.2017 was, thus,
registered on the said allegations.
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Learned counsel for the petitioners argues that all the
petitioners have been falsely implicated in this case. In fact, marriage was
solemnised by the petitioner – Tayyub Hussain with the daughter of the
deceased on 15.01.2015. Nikah namma as well as voter list is available with
the petitioner to reflect the same. Wife of the petitioner – Tayyub Hussain
was not being allowed to join his company and under pressure FIR No. 71
dated 11.07.2017 under Sections 376 and 306 IPC was got registered at the
instance of Najma (purported to be his wife). It is contended that the said
FIR was investigated and it was found that the allegations therein were
incorrect and cancellation report has been recommended. Arshad (petitioner
in CRM-M-47665-2017) has been involved as he is the brother-in-law
(brother of the first wife of Tayyub). Parvej (petitioner in CRM-M-42336-
2017) is the son of Tayyub. Aamin (petitioner in CRM-M-40436-2017) has
been falsely implicated in this matter because his daughter had registered
FIR under Sections 376D, 342 IPC against Aslam son of the deceased
Mamuna and others.
It is further submitted that co-accused Waseem son of the
petitioner – Tayyub had approached this Court seeking bail pending trial but
the same was dismissed on 29.08.2017. The Hon’ble Supreme Court vide
order dated 06.12.2017 in SLP (Crl.) No. 7210/2017 (Annexure P-1 with
CRM-M-50001-2017 has, however, afforded the concession of anticipatory
bail to the said accused Waseem. It is further submitted that it is debatable
that any offence punishable under Sections 306, 34 IPC is made out against
the petitioners. It is, thus, prayed that these petitions be allowed.
Learned counsel for the complainant as well as the State has
opposed these petitions while submitting that specific allegations have been
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levelled against the present petitioners. It is submitted that FIR registered at
the instance of the daughter of Aamin has infact been cancelled and FIR No.
37 has not yet been cancelled. However, it is undeniable that the Hon’ble
Supreme Court vide order dated 06.12.2017 has afforded the concession of
anticipatory to the co-accused Waseem.
There are no allegations on behalf of the State that the
petitioners are likely to abscond or that they are likely to dissuade the
witnesses from deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances noted above but
without expressing any opinion on the merits of case, it is considered just
and expedient to allow these petitions. In the event of their arrest,
petitioners – Tayyub, Parvej, Arshad and Aamin shall be released on bail to
the satisfaction of Investigating Officer/Arresting officer. They shall appear
before the Investigating agency as and when required. Petitioners shall
comply with the conditions stipulated in Section 438(2) Cr.P.C.
It is, however, clarified that the petitioners shall not try to
contact the complainant/any of the witnesses in any manner – directly or
indirectly. Any such infraction on the part of the petitioners shall entail
cancellation of their bail.
It is reiterated that none of the observations made herein above
are a reflection on the merits of the case and shall have no bearing on the
trial.
(Lisa Gill)
February 23, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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